Act on Special Measures Concerning Nuclear Emergency Preparedness

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Act on Special Measures Concerning Nuclear

Emergency Preparedness

(Act No. 156 of December 17, 1999)

Chapter I General Provisions (Articles 1 to 6)

Chapter II Obligations, etc. of Nuclear Operators Concerning Nuclear Disaster

Prevention (Articles 7 to 14)

Chapter III Issuance of a Declaration of a Nuclear Emergency Situation and

Establishment, etc. of Nuclear Emergency Response Headquarters (Articles 15

to 24)

Chapter IV Implementation, etc. of Emergency Response Measures (Articles 25

and 26)

Chapter V Measures for Restoration from Nuclear Emergency (Article 27)

Chapter VI Miscellaneous Provisions (Articles 28 to 39)

Chapter VII Penal Provisions (Articles 40 to 42)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act is to strengthen nuclear disaster control measures,

in cooperation with the Act on Regulation of Nuclear Source Materials, Nuclear

Fuel Materials and Reactors (Act No. 166 of 1957; hereinafter referred to as the

"Reactor Regulation Act"), the Basic Act on Disaster Control Measures (Act No.

223 of 1961) and other Acts concerning nuclear disaster prevention, by providing

special measures for the obligations, etc. of nuclear operators concerning nuclear

disaster prevention, the issuance of a declaration of a nuclear emergencysituation and the establishment, etc. of nuclear emergency response

headquarters, and the implementation of emergency response measures and

other matters relating to a nuclear disaster, taking into consideration the

particularity of a nuclear disaster, thereby protecting the lives, bodies and

properties of citizens from a nuclear disaster.

(Definitions)

Article 2 In this Act, the meanings of the terms listed in the following items shall be

as prescribed respectively in those items:

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(i) "nuclear disaster" means damage caused to the lives, bodies or properties of

citizens due to a nuclear emergency situation;

(ii) "nuclear emergency situation" means a situation in which radioactive

materials or radiation at an abnormal level has been released outside the

nuclear site of a nuclear operator (in the case of the transport of radioactive

materials outside the nuclear site (hereinafter referred to as "transport outside

the nuclear site"), outside a vessel which is used for said transport) due to the

operation of the reactor, etc. by said nuclear operator (which means the

operation of the reactor, etc. prescribed in Article 2, paragraph 1 of the Act on

Compensation for Nuclear Damage (Act No. 147 of 1961); the same shall apply

hereinafter);

(iii) "nuclear operator" means a person or an organization that falls under any of

the following (excluding a person or an organization that has been designated,

pursuant to the provisions of a Cabinet Order, by the competent minister as a

person or an organization that does not plan to use a facility for the operation

of the reactor, etc. over a long period of time):

(a) a person or an organization that has obtained permission for a fuel

processing business pursuant to Article 13, paragraph 1 of the Reactor

Regulation Act (including recognition given to the State under the provisions

of said paragraph applied by replacing the terms pursuant to the provisions

of Article 76 of the Reactor Regulation Act);

(b) a person or an organization that has obtained permission for theestablishment of a reactor pursuant to Article 23, paragraph 1 of the Reactor



of Article 76 of the Reactor Regulation Act, but excluding permission for a

reactor established on a ship);

(c) a person or an organization that has obtained permission for a storage

business pursuant to Article 43-4, paragraph 1 of the Reactor Regulation Act

(including recognition given to the State under the provisions of said

paragraph applied by replacing the terms pursuant to the provisions of Article 76 of the Reactor Regulation Act);

(d) a person or an organization that has been designated in terms of a

reprocessing business pursuant to Article 44, paragraph 1 of the Reactor



of Article 76 of the Reactor Regulation Act);

(e) a person or an organization that has obtained permission for a disposal

business pursuant to Article 51-2, paragraph 1 of the Reactor Regulation Act

(including recognition given to the State under the provisions of said

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paragraph applied by replacing the terms pursuant to the provisions of

Article 76 of the Reactor Regulation Act);

(f) a person or an organization that has obtained permission for using nuclear

fuel materials pursuant to Article 52, paragraph 1 of the Reactor Regulation

Act (including recognition given to the State under the provisions of said

paragraph applied by replacing the terms pursuant to the provisions of

Article 76 of the Reactor Regulation Act) (limited to a person or an

organization that is deemed to have to put into place an operational safety

program pursuant to the provisions of Article 56-3, paragraph 1 of the

Reactor Regulation Act);

(iv) "nuclear site" means a factory or an operating site where a nuclear operator

conducts the operation of the reactor, etc.;

(v) "emergency response measures" means temporary measures that should be

implemented in order to prevent the progression (expansion) of a nuclear

disaster (including the probability of the occurrence of a nuclear disaster)

during the period from the issuance of a declaration of a nuclear emergency

situation under the provisions of Article 15, paragraph 2 to the issuance of a

declaration of the cancellation of a nuclear emergency situation under the

provisions of paragraph 4 of said Article;

(vi) "measures to prevent nuclear emergency" means measures that should be

implemented to prevent the occurrence of a nuclear disaster;

(vii) "measures for restoration from nuclear emergency" means measures thatshould be implemented to prevent the progression (expansion) of a nuclear

disaster (including the probability of the occurrence of a nuclear disaster) or to

promote nuclear disaster recovery efforts (excluding compensation by a nuclear

operator for nuclear damage prescribed in Article 2, paragraph 2 of the Act on

Compensation for Nuclear Damage pursuant to the provisions of said Act) after

the issuance of a declaration of the cancellation of a nuclear emergency

situation under the provisions of Article 15, paragraph 4;

(viii) "designated administrative organ" means a designated administrative organ

prescribed in Article 2, item (iii) of the Basic Act on Disaster Control Measures;(ix) "designated local administrative organ" means a designated local

administrative organ prescribed in Article 2, item (iv) of the Basic Act on

Disaster Control Measures;

(x) "designated public institution" means a designated public institution

prescribed in Article 2, item (v) of the Basic Act on Disaster Control Measures;

(xi) "designated local public institution" means a designated local public

institution prescribed in Article 2, item (vi) of the Basic Act on Disaster Control

Measures; and

(xii) "disaster prevention plan" means a disaster prevention plan prescribed in

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Article 2, item (vii) of the Basic Act on Disaster Control Measures and a

disaster prevention plan for petroleum industrial complexes and other

petroleum facilities prescribed in Article 31, paragraph 1 of the Act on the

Prevention of Disasters in Petroleum Industrial Complexes and Other

Petroleum Facilities (Act No. 84 of 1975).

(Responsibilities of a Nuclear Operator)

Article 3 A nuclear operator shall be responsible for taking full-scale measures for

the prevention of the occurrence of a nuclear disaster pursuant to the provisions

of this Act or any other relevant Act and for taking, in good faith, necessary

measures with regard to the prevention of the progression (expansion) of a

nuclear disaster (including the probability of the occurrence of a nuclear disaster)

and nuclear disaster recovery efforts.

(Responsibilities of the State)

Article 4 (1) The State shall, pursuant to the provisions of this Act or any other

relevant Act, fulfill its responsibilities under Article 3, paragraph 1 of the Basic

Act on Disaster Control Measures concerning a nuclear disaster by establishing

nuclear emergency response headquarters, giving necessary instructions to local

governments and taking other measures necessary for the implementation of

emergency response measures and those necessary for the implementation of

measures to prevent nuclear emergency and measures for restoration fromnuclear emergency.

(2) The head of a designated administrative organ (in the case where said

designated administrative organ is a committee or any other agency based on the

council system, said designated administrative organ; the same shall apply

hereinafter except in Article 17, paragraph 6, item (iii) and Article 20, paragraph

3) and the head of a designated local administrative organ shall, for the purpose

of ensuring the smooth implementation of measures to prevent nuclear

emergency, emergency response measures and measures for restoration from

nuclear emergency by a local government under the provisions of this Act, makerecommendations and give advice to said local government and take other

appropriate measures with regard to the affairs under the jurisdiction of said

local government.

(3) In addition to exercising his/her authority under the provisions of this Act

appropriately, the competent minister shall, for the purpose of ensuring the

smooth implementation of measures to prevent nuclear emergency, emergency

response measures and measures for restoration from nuclear emergency by a

nuclear operator under the provisions of this Act, give guidance and advice to

said nuclear operator and take other appropriate measures.

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(Responsibilities of a Local Government)

Article 5 A local government shall, pursuant to the provisions of this Act or any

other relevant Act, fulfill its responsibilities under Article 4, paragraph 1 and

Article 5, paragraph 1 of the Basic Act on Disaster Control Measures concerning a

nuclear disaster by taking measures necessary for the implementation of

measures to prevent nuclear emergency, emergency response measures and

measures for restoration from nuclear emergency.

(Coordination and Cooperation among Relevant Organs)

Article 6 The State, local governments, nuclear operators, and designated public

institutions and designated local public institutions shall, for the purpose of

ensuring the smooth implementation of measures to prevent nuclear emergency,

emergency response measures and measures for restoration from nuclear

emergency, cooperate with each other through the promotion of mutual

coordination.

Chapter II Obligations, etc. of Nuclear Operators Concerning

Nuclear Disaster Prevention

(Nuclear Operator Emergency Action Plan)

Article 7 (1) A nuclear operator shall, pursuant to the provisions of an ordinance of

the competent ministry, prepare a nuclear operator emergency action plan with

regard to its measures to prevent nuclear emergency, emergency response

measures, and measures for restoration from nuclear emergency and other duties

that are necessary for preventing the occurrence and progression (expansion) of a

nuclear disaster and for promoting nuclear disaster recovery efforts, with respect

to each of its nuclear sites, and review its nuclear operator emergency action plan

every year and revise it if revision is found to be necessary.In this case, said nuclear operator emergency action plan shall not conflict with

either any regional disaster prevention plan prescribed in Article 2, item (x) of

the Basic Act on Disaster Control Measures or any disaster prevention plan for

petroleum industrial complexes and other petroleum facilities prescribed in

Article 31, paragraph 1 of the Act on the Prevention of Disasters in Petroleum

Industrial Complexes and Other Petroleum Facilities (referred to as a "regional

disaster prevention plan, etc." in the next paragraph).

(2) When a nuclear operator intends to prepare or revise a nuclear operator

emergency action plan pursuant to the provisions of the preceding paragraph, it

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shall, pursuant to the provisions of a Cabinet Order, confer in advance with a

prefectural governor who has jurisdiction over the area where the relevant

nuclear site is located (hereinafter referred to as the "competent prefectural

governor"), the mayor of a municipality who has jurisdiction over said area

(hereinafter referred to as the "competent mayor of a municipality") and the

prefectural governors of the prefectures which include a municipality that

neighbors a municipality including said area (excluding the competent

prefectural governor; hereinafter referred to as the "related neighboring

prefectural governors"). In this case, the competent prefectural governor and

related neighboring prefectural governors shall hear the opinions of the mayors of

related surrounding municipalities (which means the mayors of municipalities

which have prepared a regional disaster prevention plan, etc. (excluding those

listed in Article 2, item (x) (a) or (c) of the Basic Act on Disaster Control

Measures) concerning nuclear disasters pertaining to said nuclear site with

regard to the municipal area and fulfill other requirements specified by a Cabinet

Order (excluding the competent mayor of a municipality); the same shall apply

hereinafter ).

(3) A nuclear operator shall, when it has prepared or revised a nuclear operator

emergency action plan pursuant to the provisions of paragraph 1, promptly notify

the competent minister to that effect and make public the gist of the plan.

(4) The competent minister may, when he/she finds a nuclear operator to be in

violation of the provisions of paragraph 1 or when he/she finds the nuclearoperator emergency action plan of a nuclear operator not to be sufficient to

prevent the occurrence or progression (expansion) of a nuclear disaster pertaining

to the relevant nuclear site, order the nuclear operator to prepare a nuclear

operator emergency action plan or to revise its nuclear operator emergency action

plan.

(On-Site Organization for Nuclear Emergency Preparedness)

Article 8 (1) A nuclear operator shall establish an on-site organization for nuclear

emergency preparedness with respect to each of its nuclear sites.(2) An on-site organization for nuclear emergency preparedness shall, in accordance

with a nuclear operator emergency action plan under paragraph 1 of the

preceding Article, perform the necessary duties for preventing the occurrence or

progression (expansion) of a nuclear disaster prescribed in said paragraph.

(3) A nuclear operator shall, pursuant to the provisions of an ordinance of the

competent ministry, post nuclear disaster prevention staff who are engaged in the

duties prescribed in the preceding paragraph, at its on-site organization for

nuclear emergency preparedness.

(4) When a nuclear operator has posted nuclear disaster prevention staff at its on-

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site organization for nuclear emergency preparedness, it shall, pursuant to the

provisions of an ordinance of the competent ministry, notify the competent

minister, the competent prefectural governor, the competent mayor of a

municipality and the related neighboring prefectural governors of the current

status thereof. In this case, the competent prefectural governor and the related

neighboring prefectural governors shall send a copy of the document pertaining to

said notification to the mayors of related surrounding municipalities.


violation of the provisions of paragraph 1 or 3, order said nuclear operator to

establish an on-site organization for nuclear emergency preparedness or post

nuclear disaster prevention staff.

(Nuclear Emergency Preparedness Manager)

Article 9 (1) A nuclear operator shall appoint a nuclear emergency preparedness

manager with respect to each of its nuclear sites and have him/her manage the

relevant on-site organization for nuclear emergency preparedness.

(2) A person who manages and administrates the implementation of the business of

a nuclear site at said nuclear site shall serve as a nuclear emergency

preparedness manager.

(3) A nuclear operator shall appoint a vice-nuclear emergency preparedness

manager from those in a managerial or supervisory position who are able to

perform, appropriately, duties concerning the prevention of the occurrence orprogression (expansion) of a nuclear disaster at the relevant nuclear site, and

have him/her assist a nuclear emergency preparedness manager in managing the

relevant on-site organization for nuclear emergency preparedness.

(4) When a nuclear emergency preparedness manager is not located within the

relevant nuclear site, a nuclear operator shall have a vice-nuclear emergency

preparedness manager manage the relevant on-site organization for nuclear

emergency preparedness.

(5) When a nuclear operator has appointed a nuclear emergency preparedness

manager or a vice-nuclear emergency preparedness manager pursuant to theprovisions of paragraph 1 or 3, it shall, pursuant to the provisions of an ordinance

of the competent ministry, notify the competent minister, the competent

prefectural governor, the competent mayor of a municipality and the related

neighboring prefectural governors to that effect without delay.

The same shall apply to the dismissal of such a person.

(6) The provisions of the second sentence of paragraph 4 of the preceding Article

shall apply mutatis mutandis to the notification set forth in the preceding

paragraph.


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violation of the provisions of paragraph 1 or 3 or when a nuclear emergency

preparedness manager or a vice-nuclear emergency preparedness manager has

violated the provisions of this Act or any order based on this Act, order the

nuclear operator to appoint a nuclear emergency preparedness manager or a vice-

nuclear emergency preparedness manager or to dismiss the relevant nuclear

emergency preparedness manager or vice-nuclear emergency preparedness

manager.

(Obligation to Notify, etc. of a Nuclear Emergency Preparedness Manager)

Article 10 (1) When a nuclear emergency preparedness manager has been notified

that a radiation dose above the limit specified by a Cabinet Order has been

detected, pursuant to the provisions of a Cabinet Order, near the border of an

area where the nuclear site is located or has discovered such fact for him/herself,

he/she shall, pursuant to the provisions of an ordinance of the competent ministry

and the nuclear operator emergency action plan, immediately notify the

competent minister, the competent prefectural governor, the competent mayor of

a municipality and the related neighboring prefectural governors (in the case of

the occurrence of an event pertaining to transport outside the nuclear site, the

competent minister, and a prefectural governor and the mayor of a municipality

who have jurisdiction over the place where said event has occurred) to that effect.

In this case, the competent prefectural governor and the related neighboring

prefectural governors shall notify the mayors of related surroundingmunicipalities to that effect.

(2) A prefectural governor or the mayor of a municipality who has received a

notification pursuant to the provisions of the first sentence of the preceding

paragraph may, pursuant to the provisions of a Cabinet Order, request the

competent minister to dispatch expert officials for the purpose of understanding

the situation. In this case, the competent minister shall dispatch officials who are

found to be qualified.

(Preparation, etc. of Radiation Measurement Facility and Other NecessaryMaterials and Equipment)

Article 11 (1) A nuclear operator shall, in accordance with the requirements

specified by an ordinance of the competent ministry, establish in its nuclear site a

radiation measurement facility necessary for giving a notification under the

provisions of the first sentence of paragraph 1 of the preceding Article, and

maintain such facility.

(2) A nuclear operator shall, in its on-site organization for nuclear emergency

preparedness, install protection apparatus for radiation hazards, emergency

communication devices and any other materials and equipment necessary for said

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on-site organization for nuclear emergency preparedness to perform its duties,

which are specified by an ordinance of the competent ministry (hereinafter

referred to as "materials and equipment for nuclear disaster prevention"), and

maintain and check them as needed.

(3) When a nuclear operator has established a radiation measurement facility

pursuant to the provisions of paragraph 1 or installed materials and equipment

for nuclear disaster prevention pursuant to the provisions of the preceding

paragraph, it shall, pursuant to the provisions of an ordinance of the competent

ministry, notify the competent minister, the competent municipal governor, the

competent mayor of a municipality and the related neighboring prefectural

governors of the status of such facility or materials and equipment.

(4) The provisions of the second sentence of Article 8, paragraph 4 shall apply

mutatis mutandis to the notification set forth in the preceding paragraph.

(5) When a nuclear operator has established a radiation measurement facility

pursuant to the provisions of paragraph 1, it shall, pursuant to the provisions of

an ordinance of the competent ministry, undergo an inspection conducted by the

competent minister with regard to the performance of the facility.


violation of the provisions of paragraph 1 or 2, order said nuclear operator to take

necessary measures for the establishment, maintenance or improvement of its

radiation measurement facility or the installation or maintenance and check of its

materials and equipment for nuclear disaster prevention.(7) A nuclear operator shall, pursuant to the provisions of an ordinance of the

competent ministry, record the numerical values of a radiation dose detected by a

radiation measurement facility under paragraph 1, and publicize such values.

(Designation of an Off-Site Center)

Article 12 (1) The competent minister shall, with respect to each nuclear site,

designate a facility that serves as the center for emergency response measures

taken by a person or an organization prescribed in Article 26, paragraph 2, which

is located within the area of the prefecture that includes the area where therelevant nuclear site is located and fulfills other requirements specified by an

ordinance of the competent ministry (hereinafter referred to as an "off-site

center").

(2) The competent minister shall, when he/she intends to designate an off-site

center or make any change to a designation, hear in advance the opinions of the

competent prefectural governor, the competent mayor of a municipality, and the

mayor of a municipality who has jurisdiction over the location of said off-site

center (excluding the competent mayor of a municipality) and a nuclear operator

pertaining to said off-site center.

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(3) The designation or change of designation under paragraph 1 shall be carried out

with a public notice to that effect given in an official gazette.

(4) A nuclear operator shall, when being designated under paragraph 1, submit to

the competent minister the materials specified by an ordinance of the competent

ministry as those necessary to enable a person or an organization prescribed in

Article 26, paragraph 2 to take emergency response measures pertaining to the

relevant nuclear site at the relevant off-site center. The same shall apply to a

case where there has been any change to the content of any documents submitted.

(5) The competent minister shall keep the documents submitted pursuant to the

provisions of the preceding paragraph at the relevant off-site center.

(National Plan Concerning Disaster Prevention Drills)

Article 13 (1) Disaster prevention drills under Article 48, paragraph 1 of the Basic

Act on Disaster Control Measures applied by replacing the terms and phrases

pursuant to the provisions of Article 28, paragraph 1 (excluding those carried out

by each person in charge of disaster prevention prescribed in said paragraph

pursuant to the provisions of a disaster prevention plan or a nuclear operator

emergency action plan) shall be carried out based on a plan prepared by the

competent minister pursuant to the provisions of an ordinance of the competent

ministry.

(2) A plan prepared pursuant to the provisions of the preceding paragraph shall

include the following matters which are necessary for the implementation of disaster prevention drills:

(i) matters concerning the anticipation of a nuclear emergency;

(ii) matters concerning the operation of the provisions of Articles 10, 15 and 23;

and

(iii) in addition to what is listed in the preceding two items, matters necessary for

promoting the implementation of measures to prevent nuclear emergency.

(Cooperation for Other Nuclear Site)

Article 14 A nuclear operator shall, where there is a need to take emergencyresponse measures pertaining to the nuclear site of another nuclear operator,

make efforts to dispatch nuclear disaster prevention staff, lend materials and

equipment for nuclear disaster prevention and provide any other cooperation

necessary for implementing said emergency response measures.

Chapter III Issuance of a Declaration of a Nuclear Emergency

Situation and Establishment, etc. of Nuclear Emergency Response

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Headquarters

(Declaration of a Nuclear Emergency Situation, etc.)

Article 15 (1) In the case of falling under any of the following items, the competent

minister shall, when he/she finds that a nuclear emergency situation has

occurred, immediately report necessary information concerning the situation to

the Prime Minister, and submit a draft of a public notice under the provisions of

the next paragraph and a draft of an instruction under the provisions of

paragraph 3 to the Prime Minister:

(i) where the detected radiation dose pertaining to a notification which the

competent minister has received pursuant to the provisions of the first sentence

of Article 10, paragraph 1 or the radiation dose detected at a radiation

measurement facility and by a measuring method, both of which are specified

by a Cabinet Order, exceeds the radiation dose specified by a Cabinet Order as

the condition of an abnormal level of a radiation dose;

(ii) in addition to what is listed in the preceding item, where an event specified by

a Cabinet Order as an event that indicates the occurrence of a nuclear

emergency situation has occurred.

(2) When there has been a report or submission under the provisions of the

preceding paragraph, the Prime Minister shall immediately give public notice of

the occurrence of a nuclear emergency situation and the following matters(hereinafter referred to as the "declaration of a nuclear emergency situation"):

(i) the area where emergency response measures should be implemented;

(ii) the outline of the nuclear emergency situation;

(iii) in addition to what is listed in the preceding two items, the matters which

need to be known by residents, visitors and other persons, and public and

private organizations (hereinafter referred to as "residents, etc.") in the area

listed in item (i).

(3) When there has been a report or submission under the provisions of paragraph

1, the Prime Minister shall immediately instruct mayors of municipalities andprefectural governors who have jurisdiction over the area listed in item (i) of the

preceding paragraph to make a recommendation or give instructions for eviction

in order to evacuate the area or to take shelter under the provisions of Article 60,

paragraphs 1 and 5 of the Basic Act on Disaster Control Measures applied by

replacing the terms and phrases pursuant to the provisions of Article 28,

paragraph 2, or give such mayors of municipalities and prefectural governors

other instructions concerning emergency response measures.

(4) The Prime Minister shall, when he/she finds, after he/she has issued a

declaration of a nuclear emergency situation, that it is no longer necessary to

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implement emergency measures in order to prevent the progression (expansion)

of a nuclear disaster, promptly hear the opinions of the Nuclear Safety

Commission and give a public notice to the effect that said declaration of a

nuclear emergency situation is cancelled (hereinafter referred to as a "declaration

of the cancellation of a nuclear emergency situation").

(Establishment of Nuclear Emergency Response Headquarters)

Article 16 (1) The Prime Minister shall, when he/she has issued a declaration of a

nuclear emergency situation, temporarily establish nuclear emergency response

headquarters within the Cabinet Office after deliberation in a cabinet meeting in

order to promote emergency response measures pertaining to said nuclear

emergency situation, notwithstanding the provisions of Article 40, paragraph 2 of

the Act for Establishment of the Cabinet Office (Act No. 89 of 1999).

(2) The Prime Minister shall, when he/she has established the nuclear emergency

response headquarters, immediately publicly notify the name of said nuclear

emergency response headquarters and the place and period of their

establishment, and, when said nuclear emergency response headquarters have

been abolished, immediately publicly notify to that effect.

(Organization of Nuclear Emergency Response Headquarters)

Article 17 (1) The nuclear emergency response headquarters shall be headed by the

director-general of the nuclear emergency response headquarters, and the PrimeMinister (or in the case of an accident to the Prime Minister, a Minister of State

designated by the Prime Minister in advance) shall serve in this capacity.

(2) The director-general of the nuclear emergency response headquarters shall

manage the affairs of the nuclear emergency response headquarters and direct

and supervise the officials thereof.

(3) The nuclear emergency response headquarters shall have a vice director-

general(s), members and other officials.

(4) The competent minister shall serve as the vice director-general of the nuclear

emergency response headquarters.(5) The vice director-general of the nuclear emergency response headquarters shall

assist the director-general of the nuclear emergency response headquarters, and,

in the case of an accident to the director-general of the nuclear emergency

response headquarters, he/she shall be delegated the duties of said director-

general. Where there are two or more vice director-generals of the nuclear

emergency response headquarters, they shall be delegated said duties in the

order set in advance by the director-general of the nuclear emergency response

headquarters.

(6) The following persons shall serve as the members of the nuclear emergency

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response headquarters:

(i) persons appointed by the Prime Minister from among the Ministers of State

other than the director-general and the vice director-general(s) of the nuclear

emergency response headquarters;

(ii) the Deputy Chief Cabinet Secretary for Crisis Management; and

(iii) persons appointed by the Prime Minister from among the Senior Vice-

Ministers or the heads of designated administrative organs other than the

Ministers of State.

(7) The officials of the nuclear emergency response headquarters other than the vice

director-general(s) and the members of the nuclear emergency response

headquarters shall be appointed by the Prime Minister from among the officials

of the Cabinet Secretariat or designated administrative organs, or the heads or

officials of designated local administrative organs.

(8) Local nuclear emergency response headquarters shall be established within the

nuclear emergency response headquarters as an organization which conducts part

of the affairs of said nuclear emergency response headquarters in the emergency

response measures implementation area (which means the area listed in Article

15, paragraph 2, item (i) (in the case where said area has been changed pursuant

to the provisions of Article 20, paragraph 5, the area after said change); the same

shall apply hereinafter) as specified by the director-general of said nuclearemergency response headquarters. In this case, the provisions of Article 156,

paragraph 4 of the Local Autonomy Act (Act No. 67 of 1947) shall not apply.

(9) The provisions of paragraph 2 of the preceding Article shall apply mutatis

mutandis to the local nuclear emergency response headquarters.

(10) The local nuclear emergency response headquarters prescribed in paragraph 2

of the preceding Article, as applied mutatis mutandis pursuant to the preceding

paragraph, shall be established at an off-site center designated pursuant to the

provisions of Article 12, paragraph 1 with regard to a nuclear site pertaining to

the relevant nuclear emergency situation (in the case where a nuclear emergencysituation pertaining to transport outside the nuclear site has occurred or where

there are any other special circumstances, a facility specified by the director-

general of the relevant nuclear emergency response headquarters by taking into

consideration the place where said nuclear emergency situation has occurred; the

same shall apply in Article 23, paragraph 4).

(11) The local nuclear emergency response headquarters shall have a director-

general, members and other officials.

(12) The director-general of the local nuclear emergency response headquarters

shall take charge of the affairs of the local nuclear emergency response

13



headquarters under the orders of the director-general of the relevant nuclear

emergency response headquarters.

(13) The director-general, members and other officials of the local nuclear

emergency response headquarters shall be appointed from among the vice

director-general(s), members and other officials of the relevant nuclear

emergency response headquarters based on a designation by the director-general

of the relevant nuclear emergency response headquarters.

(Affairs under Jurisdiction of Nuclear Emergency Response Headquarters)

Article 18 The nuclear emergency response headquarters shall take charge of the

following affairs:

(i) affairs relating to the comprehensive coordination of emergency response

measures that are implemented by the head of a designated administrative

organ, the head of a designated local administrative organ, the head of a local

government or any other executive organ, designated public institution,

designated local public institution or an on-site organization for nuclear

emergency preparedness of a nuclear operator in the emergency response

measures implementation area based on a disaster prevention plan or a nuclear

operator emergency action plan;

(ii) affairs that fall under the authority of the director-general of the nuclear

emergency response headquarters pursuant to the provisions of this Act; and

(iii) in addition to what is listed in the preceding two items, affairs that fall underthe authority thereof pursuant to the provisions of laws and regulations.

(Delegation of the Authority of the Head of a Designated Administrative Organ)

Article 19 (1) The head of a designated administrative organ may, when the nuclear

emergency response headquarters have been established, delegate the whole or a

part of his/her authority for emergency response measures to the officials of said

designated administrative organ or the head or officials of the relevant

designated local administrative organ, who are the officials of said nuclear

emergency response headquarters.(2) The head of a designated administrative organ shall, when he/she has delegated

his/her authority pursuant to the provisions of the preceding paragraph,

immediately give a public notice to that effect.

(Authority of the Director-General of Nuclear Emergency Response

Headquarters)

Article 20 (1) The director-general of the nuclear emergency response headquarters

may coordinate the exercise of his/her authority by officials to whom such

authority has been delegated pursuant to the provisions of the preceding Article

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in the emergency response measures implementation area covered by said

nuclear emergency response headquarters.

(2) When the director-general of the nuclear emergency response headquarters

finds it especially necessary for implementing emergency response measures

accurately and promptly in the emergency response measures implementation

area covered by said nuclear emergency response headquarters, he/she may,

pursuant to the provisions of Article 64, paragraph 3 of the Reactor Regulation

Act, instruct the competent minister to give the necessary orders.

(3) In addition to the instructions under the provisions of the preceding paragraph,

when the director-general of the nuclear emergency response headquarters finds

it especially necessary for implementing emergency response measures accurately

and promptly in the emergency response measures implementation area covered

by said nuclear emergency response headquarters, he/she may, within the limit

necessary, give necessary instructions to the heads of the relevant designated

administrative organs and the heads of the relevant designated local

administrative organs, and the officials of said designated administrative organs

and the officials of said designated local administrative organs to whom his/her

authority has been delegated pursuant to the provisions of the preceding Article,

the heads of local governments and other executive organs, designated public

institutions and designated local public institutions, and nuclear operators.

(4) The director-general of the nuclear emergency response headquarters may,

when he/she finds that it is necessary to request support from the Self-DefenseForces in order to implement emergency response measures accurately and

promptly in the emergency response measures implementation area covered by

said nuclear emergency response headquarters, request the Minister of Defense

to dispatch units, etc. prescribed in Article 8 of the Self-Defense Forces Act (Act

No. 165 of 1954).

(5) The director-general of the nuclear emergency response headquarters may, in

accordance with the transition of a nuclear emergency situation, change the

matters listed in Article 15, paragraph 2, items (i) and (iii), which have been

publicly notified in the declaration of a nuclear emergency situation pertaining tosaid nuclear emergency response headquarters, by giving a public notice, after

hearing the opinions of the Nuclear Safety Commission.

(6) The director-general of the nuclear emergency response headquarters may,

when he/she finds it necessary for implementing emergency response measures

accurately and promptly in the emergency response measures implementation

area covered by said nuclear emergency response headquarters, ask the Nuclear

Safety Commission for necessary advice with regard to technical matters

concerning the implementation of emergency response measures.

(7) The director-general of the nuclear emergency response headquarters may

15



delegate the whole or a part of his/her authority under the provisions of the

preceding six paragraphs to the vice director-general of the nuclear emergency

response headquarters.

(8) The director-general of the nuclear emergency response headquarters may

delegate a part of his/her authority under the provisions of paragraphs 1, 3 and 6

(excluding giving instructions to the heads of the relevant designated

administrative organs under the provisions of paragraph 3) to the director-

general of the local nuclear emergency response headquarters.

(9) The director-general of the nuclear emergency response headquarters shall,

when he/she has delegated his/her authority pursuant to the provisions of the

preceding two paragraphs, immediately give a public notice to that effect.

(Abolition of Nuclear Emergency Response Headquarters)

Article 21 Nuclear emergency response headquarters shall be abolished when a

declaration of the cancellation of a nuclear emergency situation is issued with

regard to a nuclear emergency situation pertaining to the relevant declaration of

a nuclear emergency situation.

(Mandatory Establishment of Prefectural and Municipal Headquarters for

Disaster Control)

Article 22 When a declaration of a nuclear emergency situation has been issued,

prefectural governors and mayors of municipalities who have jurisdiction over theemergency response measures implementation area pertaining to said declaration

of a nuclear emergency situation shall establish headquarters for disaster control

as prescribed in Article 23, paragraph 1 of the Basic Act on Disaster Control

Measures with regard to said nuclear emergency situation.

(Joint Council for Nuclear Emergency Response)

Article 23 (1) When a declaration of a nuclear emergency situation has been issued,

the local nuclear emergency response headquarters and the prefectural and

municipal headquarters for disaster control which have jurisdiction over theemergency response measures implementation area pertaining to said declaration

of a nuclear emergency situation shall organize a Joint Council for Nuclear

Emergency Response, in order to exchange information on said nuclear

emergency situation and cooperate with one another for the emergency response

measures that they implement respectively.

(2) A Joint Council for Nuclear Emergency Response shall consist of the following

persons:

(i) the director-general, members and other officials of the local nuclear

emergency response headquarters;

16



(ii) the director-generals of the prefectural headquarters for disaster control, or

the vice director-generals, members or other officials of said prefectural

headquarters for disaster control who have been delegated by the director-

generals of said prefectural headquarters for disaster control; and

(iii) the director-generals of the municipal headquarters for disaster control, or

the vice director-generals, members or other officials of said municipal

headquarters for disaster control, who have been delegated by the director-

generals of said municipal headquarters for disaster control.

(3) A Joint Council for Nuclear Emergency Response may, when it finds it

necessary, by conference, include designated public institutions, nuclear

operators or any other parties responsible for the implementation of nuclear

emergency response measures within the council, in addition to the persons listed

in the preceding paragraph.

(4) A Joint Council for Nuclear Emergency Response shall be established at an off-

site center.

(Exclusion from Application of the Basic Act on Disaster Control Measures)

Article 24 During the period from the issuance of a declaration of a nuclear

emergency situation to the issuance of a declaration of the cancellation of a

nuclear emergency situation, the provisions of Chapter II, Section 3 and Article

107 of the Basic Act on Disaster Control Measures shall not apply to the nuclear

emergency situation pertaining to said declaration of a nuclear emergencysituation.

Chapter IV Implementation, etc. of Emergency Response Measures

(Emergency Responses to be Implemented by a Nuclear Operator)

Article 25 (1) When an event specified by a Cabinet Order under Article 10,

paragraph 1 has occurred at the nuclear site managed by a nuclear emergency

preparedness manager, the nuclear emergency preparedness manager shall,pursuant to the provisions of a nuclear operator emergency action plan,

immediately have the on-site organization for nuclear emergency preparedness of

said nuclear site implement the emergency responses necessary for preventing

the occurrence or progression (expansion) of a nuclear disaster.

(2) In the case prescribed in the preceding paragraph, a nuclear operator shall,

pursuant to the provisions of its nuclear operator emergency action plan, report

the outline of the measures implemented under the provisions of said paragraph

to the competent minister, the competent prefectural governor, the competent

mayor of a municipality and the related neighboring prefectural governors (in the

17



case of the occurrence of an event pertaining to transport outside the nuclear site,

the competent minister, and a prefectural governor and the mayor of a

municipality who have jurisdiction over the place where said event has occurred).

In this case, the competent prefectural governor and the related neighboring

prefectural governors shall notify the mayors of related surrounding

municipalities of the content of said report.

(Emergency Response Measures and Responsibilities for Their Implementation)

Article 26 (1) Emergency response measures shall be implemented with regard to

the following matters:

(i) declaration of a nuclear emergency situation and other matters relating to the

transmission of information regarding a nuclear disaster and a

recommendation for or instruction of evacuation;

(ii) measurement of a radiation dose and other matters relating to the collection

of information regarding a nuclear disaster;

(iii) salvage, rescue of disaster victims and other matters relating to their

protection;

(iv) matters relating to the development, check and emergency recovery of

facilities and equipment;

(v) crime prevention, traffic control and other matters relating to maintenance of

the social order in the area affected by the relevant nuclear disaster;

(vi) matters relating to securing emergency transportation;(vii) securing food, medicine and other materials, measurement of radiation

exposure of residents, etc., removal of contamination by radioactive materials

and other matters relating to the implementation of emergency responses; and

(viii) in addition to what is listed in the preceding seven items, matters relating

to measures to prevent the progression (expansion) of a nuclear disaster

(including the probability of the occurrence of a nuclear disaster).

(2) During the period from the issuance of a declaration of a nuclear emergency

situation to the issuance of a declaration of the cancellation of a nuclear

emergency situation, the heads of designated administrative organs and theheads of designated local administrative organs, the heads of local governments

and other executive organs, designated public institutions and designated local

public institutions, nuclear operators and other parties responsible for the

implementation of emergency response measures pursuant to the provisions of

laws and regulations shall implement emergency response measures pursuant to

the provisions of laws and regulations, a disaster prevention plan or a nuclear

operator emergency action plan.

(3) A nuclear operator shall, pursuant to the provisions of laws and regulations, a

disaster prevention plan or a nuclear operator emergency action plan, dispatch

18



nuclear disaster prevention staff, lend materials and equipment for nuclear

disaster prevention and take other necessary measures for the accurate and

smooth implementation of emergency response measures which are implemented

by the heads of designated administrative organs and the heads of designated

local administrative organs, and the heads of local governments and other

executive organs.

Chapter V Measures for Restoration from Nuclear Emergency

(Measures for Restoration from Nuclear Emergency and Responsibilities for Their

Implementation)

Article 27 (1) Measures for restoration from nuclear emergency shall be

implemented with regard to the following matters:

(i) investigation of the concentration or density of radioactive materials, or of the

radiation dose, in the emergency response measures implementation area or

other areas where such investigation is required (referred to as the "emergency

response measures implementation area, etc." in item (iii));

(ii) medical examination of and mental and physical health consultation for

residents, etc. and other measures relating to medical care;

(iii) public information activities concerning the status of the emanation of

radioactive materials in the emergency response measures implementationarea, etc. for the purpose of preventing the stagnation of sales, etc. of goods

resulting from a situation where the status of contamination by radioactive

materials remains unclear;

(iv) in addition to what is listed in the preceding three items, matters relating to

measures for preventing the progression (expansion) of a nuclear disaster

(including the probability of the occurrence of a nuclear disaster) or promoting

nuclear disaster recovery efforts.

(2) The heads of designated administrative organs and the heads of designated local

administrative organs, the heads of local governments and other executiveorgans, designated public institutions and designated local public institutions,

nuclear operators and other parties responsible for measures for restoration from

nuclear emergency pursuant to the provisions of laws and regulations shall

implement measures for restoration from nuclear emergency pursuant to the

provisions of laws and regulations, a disaster prevention plan or a nuclear

operator emergency action plan.

(3) A nuclear operator shall, pursuant to the provisions of laws and regulations, a

disaster prevention plan or a nuclear operator emergency action plan, dispatch

nuclear disaster prevention staff, lend materials and equipment for nuclear

19



disaster prevention and take other necessary measures for the accurate and

smooth implementation of measures for restoration from nuclear emergency

which are implemented by the heads of designated administrative organs and the

heads of designated local administrative organs, and the heads of local

governments and other executive organs.

Chapter VI Miscellaneous Provisions

(Application of the Basic Act on Disaster Control Measures by Replacing the

Terms and Phrases, etc.)

Article 28 (1) With regard to the application of the provisions of the Basic Act on

Disaster Control Measures, which are listed in the left-hand column of the

following table (including the cases where these provisions are applied by

replacing the terms and phrases pursuant to the provisions of Article 32,

paragraph 2 of the Act on the Prevention of Disasters in Petroleum Industrial

Complexes and Other Petroleum Facilities), to a nuclear disaster, the terms and

phrases listed in the middle column of the same table in these provisions shall be

deemed to be replaced with the terms and phrases listed in the right-hand

column of the same table.

Provision for whicha term or phrase is

deemed to be

replaced

Term or phrase deemed to bereplaced

Term or phrase to be used asreplacement

Article 2, item (ii) disaster nuclear disaster (which means

the nuclear disaster prescribed

in Article 2, item (i) of the Act

on Special Measures

Concerning Nuclear

Emergency Preparedness; thesame shall apply hereinafter)

disaster nuclear disaster (including the

probability of the occurrence of

a nuclear disaster)

damage damage (including the


damage)

disaster nuclear disaster

20



Article 21 and other persons concerned nuclear operators (which

means the nuclear operators

prescribed in Article 2, item

(iii) of the Act on Special

Measures Concerning Nuclear

Emergency Preparedness) and

other persons concerned

to provide materials , or the Nuclear Safety

Commission through the

competent ministry, to provide

materials

Article 34,

paragraph 1

disaster and disaster

prevention

nuclear disaster and nuclear

disaster preventionstatus of disasters status of nuclear disasters

(including the probability of

the occurrence of a nuclear

disaster)

emergency disaster control

measures

emergency response measures

Article 40,

paragraph 2, item

(ii) and Article 42,paragraph 2, item

(ii)

disaster prevention measures to prevent nuclear

emergency

issuance and transmission of a

forecast or a warning

concerning disaster

transmission of a declaration

of a nuclear emergency

situation and other

information regarding a

nuclear disaster (including the


a nuclear disaster)fire control, flood prevention,

salvage

salvage


measures and disaster

recovery efforts


and measures for restoration

from nuclear emergency

Article 46,

paragraph 1


emergency


21




measures in the case of the

occurrence of a disaster


Article 46,

paragraph 2


emergency

Article 47,

paragraph 1

for predicting or forecasting a

disaster, or promptly

transmitting information

regarding a disaster

for promptly transmitting

information regarding a

nuclear disaster

Article 48,

paragraph 1

A person in charge of disaster

prevention


prevention (including a nuclear

operator)

a disaster prevention plan a disaster prevention plan or anuclear operator emergency

action plan (which means the

nuclear operator emergency

action plan under the

provisions of Article 7,

paragraph 1 of the Act on

Special Measures Concerning

Nuclear Emergency

Preparedness; the same shallapply in paragraph 3)

Article 48,

paragraph 3

a person in charge of disaster

prevention

a person in charge of disaster

prevention (including a nuclear

operator)

a disaster prevention plan and a disaster prevention plan and

a nuclear operator emergency

action plan, and

Article 48,

paragraph 4


prevention


prevention (including a nuclearoperator)

Article 49 emergency disaster control

measures or disaster recovery

efforts


or measures for restoration

from nuclear emergency

Article 51 disasters nuclear disasters

Article 52,

paragraph 1

for issuing and transmitting

an alarm with regard to a

disaster, giving a warning

for transmitting a declaration

of a nuclear emergency

situation

22



Article 53,

paragraphs 1 to 4

inclusive


Article 53,

paragraph 5


Article 55 When a prefectural governor

has, pursuant to the

provisions of laws and

regulations, received notice of

a forecast or an alarm with

regard to a disaster from the

Japan Meteorological Agency

or any other Stateorganization, or has issued an

alarm with regard to a

disaster him/herself, ...

pursuant to the provisions of

laws and regulations or a

regional disaster prevention

plan

When a prefectural governor

has received an instruction

under the provisions of Article

15, paragraph 3 or Article 20,



Nuclear Emergency

Preparedness, ... pursuant tothe provisions of a regional

disaster prevention plan

anticipated disaster situation

and measures to be takenagainst that

measures pertaining to said

instruction

Article 56 When a prefectural governor

has, pursuant to the

provisions of laws and

regulations, received notice of

a forecast or an alarm with

regard to a disaster, has

become aware of a forecast or

an alarm with regard to adisaster him/herself, or has,

pursuant to the provisions of

laws and regulations, issued

an alarm with regard to a

disaster him/herself,

When a prefectural governor

has received an instruction


15, paragraph 3 or Article 20,



Nuclear Emergency

Preparedness,

forecast or alarm instruction

anticipated disaster nuclear disaster (including the


23



a nuclear disaster)

Article 67,paragraph 1,

Article 68,

paragraphs 1 and

2, and Article 69

disaster nuclear disaster (including theprobability of the occurrence of

a nuclear disaster)

Article 71,

paragraph 1



a nuclear disaster)

Article 50, paragraph 1, items

(iv) to (ix) inclusive


(ii) to (viii) inclusive of the Act

on Special Measures

Concerning Nuclear


Article 73,

paragraph 1

In the case of the occurrence of

a disaster, ... said disaster

In the case of the occurrence of

a nuclear disaster (including

the probability of the

occurrence of a nuclear

disaster; the same shall apply

in this paragraph), ... said

nuclear disaster

Article 74,

paragraph 1 and

Article 75



a nuclear disaster)

Article 78,

paragraph 1



a nuclear disaster)


(iv) to (ix) inclusive


(iv) to (viii) inclusive of the Act

on Special Measures

Concerning Nuclear


Article 79 disaster nuclear disaster (including the


a nuclear disaster)

Article 84,

paragraph 1

a Self-Defense official of a

unit, etc. ordered to serve in a

disaster relief operation

a Self-Defense official of a unit,

etc. ordered to serve in a

nuclear disaster relief

24



operation, etc.

Article 86,paragraphs 1 and 2

disaster nuclear disaster (including theprobability of the occurrence of

a nuclear disaster)

Article 88,

paragraph 1

a disaster recovery project measures for restoration from

nuclear emergency

expenses for a disaster

recovery project

expenses required for

measures for restoration from

nuclear emergency

Article 89 expenses for a disaster

recovery project

expenses required for


nuclear emergency

a disaster recovery project measures for restoration from

nuclear emergency

Article 90 a disaster recovery project measures for restoration from

nuclear emergency

Article 91 disaster prevention and


measures

measures to prevent nuclear

emergency and emergency

response measures

Article 94 emergency disaster control

measures


Article 95 an instruction given by the

director-general of the

headquarters for

extraordinary disaster control


28, paragraph 2 or an

instruction given by the

director general of the

headquarters for emergency

disaster control under the

provisions of Article 28-6,

paragraph 2

an instruction given by the

Prime Minister pursuant to

Article 15, paragraph 3 of the

Act on Special Measures

Concerning Nuclear

Emergency Preparedness or an

instruction given by the

director-general of the nuclear

emergency response

headquarters pursuant to

Article 20, paragraph 3 of said

Act

Article 96 disaster recovery projects and

other projects implemented in

connection with a disaster


nuclear emergency

Article 100,

paragraph 1

Disaster nuclear disaster

25



Article 102,

paragraph 1

Disaster nuclear disaster (including the


a nuclear disaster)

Article 102,

paragraph 1, item

(ii)

disaster prevention,


measures or disaster recovery

efforts


emergency, emergency

response measures or


nuclear emergency

Article 104 disaster nuclear disaster (including the


a nuclear disaster)

Article 113 Article 71, paragraph 1 Article 71, paragraph 1

(including the cases where it isapplied by replacing the term

and phrase pursuant to the




Nuclear Emergency

Preparedness)

paragraph 2 of said Article Article 71, paragraph 2

Article 78, paragraph 1 Article 78, paragraph 1

(including the cases where it is

applied by replacing the term

and phrase pursuant to the




Nuclear Emergency

Preparedness)

Article 115 including the cases ...; and including the cases where

it is applied by replacing the

term and phrase pursuant to

the provisions of Article 28,



Nuclear Emergency

Preparedness ...;

26



Article 116 Article 52, paragraph 1 Article 52, paragraph 1


applied by replacing the

phrase pursuant to the




Nuclear Emergency

Preparedness)

Article 73, paragraph 1 Article 73, paragraph 1


applied by replacing the

phrase pursuant to theprovisions of Article 28,



Nuclear Emergency

Preparedness)

(2) With regard to the application of the provisions of the Basic Act on Disaster

Control Measures, which are listed in the left-hand column of the following table

(including the cases where these provisions are applied by replacing the termsand phrases pursuant to the provisions of Article 32, paragraph 2 of the Act on

the Prevention of Disasters in Petroleum Industrial Complexes and Other

Petroleum Facilities), during the period from the issuance of a declaration of a

nuclear emergency situation to the issuance of a declaration of the cancellation of

a nuclear emergency situation, the terms and phrases listed in the middle column

of the same table in these provisions shall be deemed to be replaced with the

terms and phrases listed in the right-hand column of the same table.

Provision for whicha term or phrase is

deemed to be

replaced

Term or phrase deemedto be replaced

Term or phrase to be used asreplacement

Article 23,

paragraph 4

disaster prevention and

emergency disaster

control measures


emergency (which means the


emergency prescribed in Article 2,

item (vi) of the Act on Special


27



Emergency Preparedness) and


Article 23,

paragraph 6

disaster prevention or

emergency disaster

control measures


emergency or emergency response

measures

Article 58 when a disaster is

likely to occur

when a declaration of a nuclear

emergency situation has been issued

fire services or flood

prevention teams

fire services

Article 60,

paragraph 1

Where a disaster has

occurred or is likely to

occur,

During the period from the issuance

of a declaration of a nuclear

emergency situation to the issuance

of a declaration of the cancellation of

a nuclear emergency situation,



probability of the occurrence of a

nuclear disaster)

eviction in order toevacuate the area

eviction in order to evacuate the areaor to take shelter

Article 60,

paragraph 2

eviction in order to

evacuate

eviction in order to evacuate the area

or to take shelter

place to which

residents, visitors and

other persons shall be

moved

place to which residents, visitors and

other persons shall be moved or

evacuated

Article 60,

paragraph 3


evacuate


or to take shelterplace to which

residents, visitors and

other persons shall be

moved

place to which residents, visitors and

other persons shall be moved or

evacuated

prefectural governor director-general of the nuclear

emergency response headquarters

and the relevant prefectural

governor

28



Article 60,

paragraph 5

Where a disaster

pertaining to the area

of a prefecture has

occurred, when a

municipality no longer

has the ability to

conduct the whole or

most of its affairs due to

the occurrence of said

disaster,

Where a declaration of a nuclear

emergency situation pertaining to

the area of a prefecture has been

issued, when a municipality no

longer has the ability to conduct the

whole or most of its affairs due to the

occurrence of a nuclear disaster

(including the probability of the

occurrence of a nuclear disaster)

pertaining to said declaration of a

nuclear emergency situation,

Article 60,

paragraph 6

publicly notify to that

effect

publicly notify and promptly report

to the director-general of the nuclearemergency response headquarters to

that effect

Article 61,

paragraphs 1 and 2


evacuate


or to take shelter

Article 62,

paragraph 1

When a disaster


of a municipality has

occurred or is just about

to occur,




the area of a municipality to the

issuance of a declaration of thecancellation of a nuclear emergency

situation,

fire fighting, flood

prevention, rescue and

other emergency

responses necessary for

preventing the

occurrence or

progression (expansion)of a disaster

fire fighting, rescue and other

emergency responses necessary for

preventing the progression

(expansion) of a nuclear disaster

(including the probability of the

occurrence of a nuclear disaster)

Article 62,

paragraph 2

When a disaster




to occur,





issuance of a declaration of the

cancellation of a nuclear emergency

situation,

29



Article 63,

paragraph 1

Where a disaster has


to occur,






emergency disaster

control measures


Article 63,

paragraph 3

Article 83, paragraph 2 Article 83, paragraph 2 or Article 83-

3

a Self-Defense official of

a unit, etc. ordered to

serve in a disaster relief

operation

a Self-Defense official of a unit, etc.

ordered to serve in a nuclear disaster

relief operation, etc.

Article 64,

paragraph 1

When a disaster




to occur,







situation,

Article 64,

paragraph 2

When a disaster

pertaining to the areaof a municipality has


to occur,


of a declaration of a nuclearemergency situation pertaining to




situation,


probability of the occurrence of a

nuclear disaster)

Article 64,paragraphs 8 and 9

a Self-Defense official of a unit, etc. ordered to


operation

a Self-Defense official of a unit, etc.ordered to serve in a nuclear disaster


Article 65,

paragraph 1

Where a disaster




to occur,







30



situation,

when he/she finds ..., when he/she finds ..., unless a

nuclear disaster is likely to be

progressed (expanded) thereby,

Article 65,

paragraph 3




operation




Article 70,

paragraphs 1 and 2

When a disaster


of a prefecture has


to occur,




the area of a prefecture to the



situation,

Article 76,

paragraph 1

Where a disaster


of a prefecture or a

neighboring or adjacent

prefecture thereof has


to occur,




the area of a prefecture or a

neighboring or adjacent prefecture

thereof to the issuance of a

declaration of the cancellation of a

nuclear emergency situation,

emergency disaster

control measures


Article 76-3,

paragraph 1

emergency disaster

control measures


Article 76-3,

paragraph 3




operation




emergency disaster

control measures


Article 76-3,

paragraph 4

emergency disaster

control measures


Article 76-3,

paragraph 6





31




operation


Article 76-4 emergency disastercontrol measures


Article 77,

paragraph 1 and

Article 80,

paragraph 1

When a disaster has


to occur,






Article 114 Article 76, paragraph 1 Article 76, paragraph 1 (including

the cases where it is applied by

replacing the term and phrase

pursuant to the provisions of Article

28, paragraph 2 of the Act on Special


Emergency Preparedness )

Article 116 Article 63, paragraph 1 Article 63, paragraph 1 (including


replacing the term and phrase

pursuant to the provisions of Article

28, paragraph 2 of theAct on Special


Emergency Preparedness;

hereinafter the same shall apply in

this item)

paragraph 3 of said

Article,

paragraph 3 of said Article (including


replacing the phrases pursuant to

the provisions of Article 28,

paragraph 2 of the Act on Special


Emergency Preparedness)

paragraph 1 of said

Article

Article 63, paragraph 1




operation




32



(3) With regard to the application of the provisions of the Basic Act on Disaster

Control Measures, which are listed in the left-hand column of the following table,

after the issuance of a declaration of a nuclear emergency situation, the terms

and phrases listed in the middle column of the same table in these provisions

shall be deemed to be replaced with the terms and phrases listed in the right-

hand column of the same table.

Provision for which

a term or phrase is

deemed to be

replaced

Term or phrase deemed

to be replaced

Term or phrase to be used as

replacement

Article 14,

paragraph 2, item

(ii)

in the case where a

disaster pertaining to the

area of the relevant

prefecture has occurred,

collecting information

regarding said disaster

in the case where a declaration of a

nuclear emergency situation (which

means the declaration of a nuclear

emergency situation under the

provisions of Article 15, paragraph

2 of the Act on Special Measures

Concerning Nuclear Emergency

Preparedness; the same shall apply

hereinafter) pertaining to the area

of the relevant prefecture has been

issued, collecting informationregarding the relevant nuclear

disaster (including the probability

of the occurrence of a nuclear

disaster)

Article 14,

paragraph 2, item

(iii)

in the case where a

disaster pertaining to the

area of the relevant

prefecture has

occurred, ... with regardto emergency disaster

control measures and

disaster recovery efforts

pertaining to said

disaster

n the case where a declaration of a

nuclear emergency situation

pertaining to the area of the

relevant prefecture has been issued,

... with regard to emergencyresponse measures (which means

the emergency response measures

prescribed in Article 2, item (v) of

the Act on Special Measures

Concerning Nuclear Emergency

Preparedness; the same shall apply

hereinafter) and measures for

restoration from nuclear emergency

(which means the measures for

33



restoration from nuclear emergency

prescribed in item (vii) of said

Article) pertaining to said

declaration of a nuclear emergency

situation

Article 29,

paragraph 1

emergency disaster

control measures or


emergency response measures or


nuclear emergency

Article 29,

paragraph 2

emergency disaster

control measures or




nuclear emergency

the head of a designated

local administrative

organ

the head of a designated

administrative organ or the head of

a designated local administrative

organ

officials of said

designated local

administrative organ

officials of said designated

administrative organ or designated

local administrative organArticle 30,

paragraphs 1 and 2,

Article 32,

paragraph 1 and

Article 33

emergency disaster

control measures or




nuclear emergency

Article 109,

paragraph 1, item

(ii)

emergency disaster

control measures or




nuclear emergency

(4) The provisions of Article 87 and Article 88, paragraph 2 of the Basic Act on

Disaster Control Measures shall not apply to a nuclear disaster.

(5) During the period from the issuance of a declaration of a nuclear emergency

situation to the issuance of a declaration of the cancellation of a nuclear

emergency situation, the provisions of Articles 50, 54, 59 and 66 of the Basic Act

on Disaster Control Measures shall not apply to a nuclear emergency situation

pertaining to said declaration of a nuclear emergency situation.

(6) The head of a local government who implements emergency response measures

or measures for restoration from nuclear emergency may request the head of a

34



designated administrative organ or the head of a designated local administrative

organ for the necessary assistance for preventing a radiation hazard to human

bodies, giving advice concerning a diagnosis and medical treatment and

implementing other emergency response measures or measures for restoration

from nuclear emergency, in addition to assistance under the provisions of Article

29, paragraph 1 or 2 or Article 30, paragraph 1 of the Basic Act on Disaster

Control Measures applied by replacing the terms and phrases pursuant to the

provisions of paragraph 2.

(Promotion of Research on Nuclear Disasters)

Article 29 The State shall promote scientific research and development concerning

the securing of nuclear safety, prevention of the occurrence of a nuclear disaster,

and prevention of a nuclear hazard, and endeavor to disseminate the results

thereof.

(Senior Specialist for Nuclear Emergency Preparedness)

Article 30 (1) Senior specialists for nuclear emergency shall be allocated to the

Ministry of Education, Culture, Sports, Science and Technology and the Ministry

of Economy, Trade and Industry.

(2) A senior specialist for nuclear emergency preparedness shall, in addition to

giving guidance and advice concerning the preparation of a nuclear operator

emergency action plan under Article 7, paragraph 1, establishment of an on-siteorganization for nuclear emergency preparedness under Article 8, paragraph 1 or

other measures to prevent nuclear emergency implemented by a nuclear operator

with regard to a nuclear site that has been designated by the Minister of

Education, Culture, Sports, Science and Technology or the Minister of Economy,

Trade and Industry as a nuclear site of which said senior specialist for nuclear

emergency preparedness should take charge, collect information necessary for

understanding the situation, give advice concerning the collection of information

and emergency responses implemented by a local government and perform any

other duties necessary to smoothly implement the prevention of the occurrence orprogression (expansion) of a nuclear disaster in the case where there has been a

notification under the provisions of the first sentence of Article 10, paragraph 1.

(Collection of Report)

Article 31 The competent minister, the competent prefectural governor, the

competent mayor of a municipality or the related neighboring prefectural

governors may, within the limit necessary for the enforcement of this Act, have a

nuclear operator report on its duties pursuant to the provisions of a Cabinet

Order.

35



paragraph 2 shall be a minister specified in each of the following items according

to the classification of matters listed in each of said items:

(i) a nuclear emergency situation or other event resulting from the operation of

the reactor, etc. by a nuclear operator prescribed in item (i) of the preceding

paragraph: Minister of Economy, Trade and Industry (for an event resulting

from transport outside the nuclear site, the Minister of Economy, Trade and

Industry and the Minister of Land, Infrastructure and Transport);

(ii) a nuclear emergency situation or other event resulting from the operation of

the reactor, etc. by a nuclear operator prescribed in item (ii) of the preceding

paragraph: Minister of Education, Culture, Sports, Science and Technology (for

an event resulting from transport outside the nuclear site, the Minister of

Education, Culture, Sports, Science and Technology and the Minister of Land,

Infrastructure and Transport).

(3) The competent minister as mentioned in the provisions of Article 31, Article 32

and Article 37 shall be the Minister of Education, Culture, Sports, Science and

Technology, the Minister of Economy, Trade and Industry and the Minister of

Land, Infrastructure and Transport.

(4) The ordinance of the competent ministry as referred to in this Act shall be an

order issued by the competent minister specified in each item of paragraph 1 (for

the ordinance of the competent ministry pursuant to Article 10, paragraph 1,

each item of paragraph 2) according to the classification listed in each item of

said paragraph.

Article 35 Deleted

(Application of This Act to a Special Ward)

Article 36 With regard to the application of this Act, a special ward shall be deemed

to be a city.

(Opinions of the Nuclear Safety Commission)

Article 37 The competent minister shall, when he/she intends to establish or reviseor abolish a Cabinet Order under Article 10, paragraph 1 or Article 15, paragraph

1, hear in advance the opinions of the Nuclear Safety Commission.

(Delegation to a Cabinet Order)

Article 38 In addition to what is provided for in this Act, procedures for the

implementation of this Act and other matters necessary for the enforcement of

this Act shall be specified by a Cabinet Order.

(Exclusion from Application to the State)

37



Article 39 The provisions of Article 33 and the next Chapter shall not apply to the

State.

Chapter VII Penal Provisions

Article 40 A person or an organization that has violated any order under the

provisions of Article 7, paragraph 4, Article 8, paragraph 5, Article 9, paragraph 7

or Article 11, paragraph 6 shall be punished by imprisonment with work for not

more than one year or a fine of not more than one million yen, or both.

Article 41 A person or an organization that falls under any of the following items

shall be punished by a fine of not more than three hundred thousand yen:

(i) a person or an organization that has failed to give a notification under the

provisions of Article 7, paragraph 3, the first sentence of Article 8, paragraph 4,

Article 9, paragraph 5 or Article 11, paragraph 3, or has given a false

notification;

(ii) a person or an organization that, in violation of the provisions of the first

sentence of Article 10, paragraph 1, has failed to give a notification;

(iii) a person or an organization that, in violation of the provisions of Article 11,

paragraph 7, has failed to record the result of the measurement of a radiation

dose, or has recorded a false result;(iv) a person or an organization that, in violation of the provisions of Article 12,

paragraph 4, has failed to submit documents;

(v) a person or an organization that has failed to make a report under the

provisions of Article 31, or has made a false report;

(vi) a person or an organization that has refused, obstructed, or avoided an entry

or an inspection under the provisions of Article 32, paragraph 1, or has failed to

make a statement or has made a false statement in response to the questioning

under the provisions of said paragraph.

Article 42 When a representative person of a corporate organization or an agent,

employee or other worker of a corporate organization or an individual has

committed the act of violating either of the preceding two Articles with regard to

the business of said corporate organization or individual, not only the offender

shall be punished but also said corporate organization or individual shall be

punished by the fine prescribed in the respective Articles.

Act on Special Measures Concerning Nuclear Emergency Preparedness

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Transcript of Act on Special Measures Concerning Nuclear Emergency Preparedness